103726 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Proposed Rules 

1EPA regulations refer to ‘‘nonroad’’ vehicles and 

engines whereas California Air Resources Board 

(CARB) regulations refer to ‘‘off-road’’ vehicles and 

engines. These terms refer to the same types of 

vehicles and engines, and for the purposes of this 

action, we will be using CARB’s chosen term, ‘‘offroad,’’ to refer to such vehicles and engines. 

(i) Retention of audit report. The 

verifying party must retain the report of 

the audit for a period of not less than 

three years from the date of issuance. 

§ 383.6 Terms for making payment of 

royalty fees. 

(a) Terms in general. Subject to the 

provisions of this section, terms 

governing timing and due dates of 

royalty payments to the Collective, late 

fees, statements of account, audit and 

verification of royalty payments and 

distributions, retention of records 

requirements, treatment of Licensees’ 

confidential information, distribution of 

royalties by the Collective, unclaimed 

funds, designation of the Collective, and 

any definitions for applicable terms not 

defined in this part and not otherwise 

inapplicable shall be those adopted by 

the Copyright Royalty Judges for digital 

audio transmission and the 

reproduction of ephemeral recordings 

by Commercial Webcasters in part 380, 

subpart A, of this chapter, for the 

License Period. For purposes of this 

part, the term ‘‘Collective’’ refers to the 

collection and distribution organization 

that is designated by the Copyright 

Royalty Judges. For the License Period, 

the sole Collective is SoundExchange, 

Inc. 

(b) Reporting of performances. 

Without prejudice to any applicable 

notice and recordkeeping provisions, 

statements of account shall not require 

reports of performances. 

(c) Applicable regulations. To the 

extent not inconsistent with this part, 

all applicable regulations, including 

part 370 of this chapter, shall apply to 

activities subject to this part. 

Dated: December 10, 2024. 

David P. Shaw, 

Chief Copyright Royalty Judge. 

[FR Doc. 2024–29384 Filed 12–18–24; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2024–0588; FRL–12486– 

01–R9] 

Air Plan Revisions; California; 

California Mobile Source Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

all or portions of two submissions by 

the State of California (‘‘State’’) to revise 

its State Implementation Plan (SIP). The 

submissions consist of State regulations 

establishing standards and other 

requirements relating to the control of 

emissions from certain new on-road 

vehicles and engines. The EPA is 

proposing to approve the SIP revision 

because the regulations meet the 

applicable requirements of the Clean Air 

Act. If finalized, approval of the 

regulations as part of the California SIP 

will make them Federally enforceable. 

DATES: Comments must be received on 

or before January 21, 2025. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2024–0588 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. If you need 

assistance in a language other than 

English or if you are a person with a 

disability who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Rory 

Mays, EPA Region IX, 75 Hawthorne St., 

San Francisco, CA 94105; phone: (415) 

972–3227; email: mays.rory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background 

II. The State’s Submissions 

A. What regulations did the State submit? 

B. Are there other versions of these 

regulations in the SIP? 

C. What is the purpose of the submitted 

regulations? 

D. What requirements do the regulations 

establish? 

III. EPA’s Evaluation and Proposed Action 

A. How is the EPA evaluating the 

regulations? 

B. Do the State’s regulations meet CAA SIP 

evaluation criteria? 

C. Proposed Action and Public Comment 

IV. Environmental Justice Considerations 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background 

Under the Clean Air Act (CAA or 

‘‘Act’’), the EPA establishes national 

ambient air quality standards (NAAQS) 

to protect public health and welfare. 

The EPA has established NAAQS for 

certain pervasive air pollutants 

including ozone, carbon monoxide, 

nitrogen dioxide, sulfur dioxide, lead, 

and particulate matter. Under section 

110(a)(1) of the CAA, states must submit 

plans that provide for the 

implementation, maintenance, and 

enforcement of the NAAQS within each 

State. Such plans are referred to as SIPs, 

and revisions to those plans are referred 

to as SIP revisions. Section 110(a)(2) of 

the CAA sets forth the content 

requirements for SIPs. Among the 

various requirements, SIPs must include 

enforceable emission limitations and 

other control measures, means, or 

techniques as may be necessary or 

appropriate to meet the applicable 

requirements of the CAA. See CAA 

section 110(a)(2)(A). 

Emissions sources contributing to 

ambient air pollution levels can be 

divided into two basic categories: 

stationary emissions sources and mobile 

emissions sources. As a general matter, 

the CAA assigns stationary source 

regulation and SIP development 

responsibilities to the States through 

title I of the Act and assigns mobile 

source regulation to the EPA through 

title II of the Act. In so doing, the CAA 

preempts various types of State 

regulation of mobile sources as set forth 

in section 209(a) (preemption of State 

emissions standards for new motor 

vehicles and engines), section 209(e) 

(preemption of State emissions 

standards for new and in-use off-road 

vehicles and engines),1 and section 

211(c)(4)(A) (preemption of State fuel 

requirements for motor vehicle emission 

control other than California’s motor 

vehicle fuel requirements for motor 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Proposed Rules 103727 

2See 75 FR 26653 (May 12, 2010) (revisions to 

California on-road reformulated gasoline and diesel 

fuel regulations), 75 FR 38023 (July 1, 2010) 

(revisions to California Smog Check program), 87 

FR 27949 (May 10, 2022) (HDVIP/PSIP), and 88 FR 

10049 (February 16, 2023) (Innovative Clean Transit 

Regulation). 

3CARB submitted the Advanced Clean Trucks 

Regulation, Heavy-Duty Warranty Regulation and 

Maintenance Provisions, and the Zero-Emission 

Airport Shuttle Regulation to the EPA electronically 

on August 8, 2023, as attachments to a letter dated 

July 12, 2023, from Steven S. Cliff, Ph.D., Executive 

Officer, CARB to Martha Guzman, Regional 

Administrator, EPA Region IX. 

4CARB submitted the Zero-Emission Powertrain 

Certification Regulation to the EPA electronically 

on June 25, 2024, as attachments to a letter dated 

June 25, 2024, from Steven S. Cliff, Ph.D., Executive 

Officer, CARB to Martha Guzman, Regional 

Administrator, EPA Region IX. This SIP submission 

included additional SIP revisions that the EPA will 

address in separate rulemakings, including the 

Clean Miles Standard Regulation and several 

amendments to CARB’s consumer products 

regulations. 

vehicle emission control as authorized 

by section 211(c)(4)(B)). 

Under California law, the California 

Air Resources Board (CARB) is the State 

agency responsible for adopting and 

submitting the California SIP and SIP 

revisions to the EPA for approval. Over 

the years, CARB has submitted, and the 

EPA has approved, many county and 

regional air district rules regulating 

stationary source emissions as part of 

the California SIP. See generally 40 CFR 

52.220(c). With respect to regulation of 

mobile sources not specifically 

preempted by the CAA, CARB has 

submitted, and the EPA has approved, 

certain specific State regulatory 

programs or regulations, such as the 

various fuels regulations, the inspection 

and maintenance program for light-duty 

and other vehicles (also known as the 

‘‘Smog Check’’ program), the Heavy 

Duty Vehicle Inspection Program 

(HDVIP)/Periodic Smoke Inspection 

Program (PSIP), and the Innovative 

Clean Transit Regulation.2 See generally 

40 CFR 52.220a(c). 

CARB and the California air districts 

rely on these county, regional, and State 

stationary and mobile source regulations 

to meet various CAA requirements and 

account for the corresponding emissions 

reductions in the various regional air 

quality plans developed to attain and 

maintain the NAAQS. The EPA 

generally allows California to take credit 

for the corresponding emissions 

reductions relied upon in the various 

regional air quality plans because, 

among other reasons, the regulations are 

approved as part of the SIP and are 

thereby Federally enforceable as 

required under CAA section 

110(a)(2)(A). 

With respect to mobile sources that 

are specifically preempted under the 

CAA, CARB must request a waiver (for 

motor vehicles) or authorization (for offroad engines and equipment) from the 

EPA in order to enforce standards 

relating to the control of emissions from 

these types of mobile sources. See CAA 

sections 209(b) (new motor vehicles) 

and 209(e)(2) (most categories of new 

and in-use off-road vehicles). Over the 

years, CARB has submitted many 

requests for waiver or authorization of 

its standards and other requirements 

relating to the control of emissions from 

new on-road and new and in-use offroad vehicles and engines, and the EPA 

has granted many such requests. Once 

the EPA grants the request for waiver or 

authorization, CARB may enforce the 

corresponding mobile source 

regulations and may rely on the related 

emissions reductions to meet CAA 

requirements, and until 2015, the EPA 

had approved California air quality 

plans that took credit for emissions 

reductions from such regulations, 

notwithstanding the fact that California 

had not submitted these particular 

regulations as part of the California SIP. 

The EPA’s longstanding practice of 

approving California plans that rely on 

emissions reductions from such ‘‘waiver 

measures,’’ notwithstanding the lack of 

approval as part of the SIP, was 

challenged in several petitions filed in 

the Ninth Circuit Court of Appeals. In 

a 2015 decision, the Ninth Circuit held 

in favor of the petitioners on this issue 

and concluded that CAA section 

110(a)(2)(A) requires that all State and 

local control measures on which SIPs 

rely to attain the NAAQS be included in 

the SIP, including the ‘‘waiver 

measures,’’ and thereby subject to 

enforcement by the EPA and members 

of the general public. See Committee for 

a Better Arvin v. EPA, 786 F.3d 1169 

(9th Cir. 2015). 

In response to the decision in 

Committee for a Better Arvin v. EPA, 

CARB made SIP submissions on August 

14, 2015; December 7, 2016; and June 

15, 2017; consisting of State mobile 

source regulations that establish 

standards and other requirements for 

the control of emissions from various 

new on-road and new and in-use offroad vehicles and engines for which the 

EPA had issued waivers or 

authorizations and that California 

regional plans rely upon to attain and 

maintain the NAAQS. The EPA took 

final action on those SIP revisions at 81 

FR 39424 (June 16, 2016), 82 FR 14446 

(March 21, 2017), and 83 FR 23232 (May 

18, 2018), respectively. In this 

document, the EPA is proposing action 

on two SIP submissions submitted by 

CARB on August 8, 2023, and June 25, 

2024, which include four new or 

amended CARB mobile source 

regulations for which the EPA issued 

waivers in 2023 as discussed further in 

the following sections of this document. 

II. The State’s Submissions 

A. What regulations did the State 

submit? 

CARB submitted two SIP revisions 

that include four mobile source 

regulations and documentation of the 

public process conducted by CARB in 

adopting and submitting the regulations 

for inclusion in the California SIP. 

Specifically, on August 8, 2023, CARB 

submitted the Advanced Clean Trucks 

Regulation, Heavy-Duty Warranty 

Regulations and Maintenance 

Provisions, and Zero-Emission Airport 

Shuttle Regulation to the EPA.3 On June 

25, 2024, CARB submitted the 

Alternative Certification Requirements 

and Test Procedures for Heavy-Duty 

Electric and Fuel-Cell Vehicles and 

Proposed Standards and Test 

Procedures for Zero-Emission 

Powertrains (herein referred to as the 

‘‘Zero-Emission Powertrain Certification 

Regulation’’) to the EPA.4

For the four mobile source regulations 

that are the subject of this proposed 

action, CARB requested and the EPA 

has granted the appropriate waiver 

under CAA section 209. Table 1 lists 

each regulation and identifies the 

applicable mobile source category to 

which it applies, the relevant sections of 

the California Code of Regulations 

(CCR), the corresponding date of 

adoption by the CARB Board, and the 

notice of decision in which the EPA 

granted the relevant waiver. 


lotter on DSK11XQN23PROD with PROPOSALS1
103728 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Proposed Rules 

5 83 FR 23232 (May 18, 2018). 

6 81 FR 39424. 

7 VOC and NOX are precursors responsible for the 

formation of ozone, and NOX and SO2 are 

precursors for PM2.5. SO2 belongs to a family of 

compounds referred to as sulfur oxides. PM2.5

precursors also include VOC and ammonia. See 40 

CFR 51.1000. 

8See, e.g., 13 CCR section 1963(a) and 

Attachment A to CARB Resolution 20–19, June 25, 

2020, p. 18 (Advanced Clean Trucks Regulation); 

CARB Resolution 18–24, June 28, 2018, pp. 8–9 

TABLE 1—SUMMARY OF CARB MOBILE SOURCE REGULATIONS SUBMITTED AS SIP REVISIONS

CARB regulation/source category 

Relevant sections of California 

Code of Regulations 

(CCR) 

CARB Board 

adoption date EPA notice of decision 

Advanced Clean Trucks Regulation/On-Road 

Medium- and Heavy-Duty Vehicles.

New sections: 13 CCR §§ 1963, 1963.1– 

1963.5, 2012, 2012.1, 2012.2, effective for 

State law purposes on March 15, 2021.

June 25, 2020 ..... 88 FR 20688 (April 6, 

2023). 

Heavy-Duty Warranty Regulations and Maintenance Provisions/On-Road Diesel-Powered Heavy-Duty Vehicles.Amended sections: 13 CCR §§ 1956.8, 2035, 

2036, 2040, and the document incorporated by reference (see Table 2 of this 

document), effective for State law purposes 

on October 1, 2019.

June 28, 2018 ..... 88 FR 20688 (April 6, 

2023). 

Zero-Emission Airport Shuttle Regulation/Airport Shuttles.New sections: 17 CCR §§ 95690.1–95690.8, 

effective for State law purposes on April 1, 

2020.

June 27, 2019 ..... 88 FR 20688 (April 6, 

2023). 

Zero-Emission Powertrain Certification Regulation/Medium- and Heavy-Duty Electric and 

Fuel-Cell Vehicles.

Amended sections: 13 CCR § 1956.8 and 17 

CCR § 95663, and the documents incorporated by reference (see Table 2 of this 

document), effective for State law purposes 

on April 1, 2020.

June 27, 2019 ..... 88 FR 20688 (April 6, 

2023). 

The Heavy-Duty Warranty 

Regulations and Maintenance 

Provisions and the Zero-Emission 

Powertrain Certification Regulation 

incorporate by reference documents that 

amend or establish test procedures, 

among other things. Table 2 lists the 

incorporated documents included in the 

SIP submissions. 

TABLE 2—DOCUMENTS INCORPORATED BY REFERENCE IN CERTAIN REGULATIONS LISTED IN TABLE 1 AND SUBMITTED AS

PART OF SIP REVISION

On-Road Diesel-Powered Heavy-Duty Vehicles 

California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as 

amended April 18, 2019. 

Heavy-Duty Electric and Fuel-Cell Vehicles 

California Greenhouse Gas Exhaust Emission Standards and Test Procedures for 2014 and Subsequent Model Heavy-Duty Vehicles, as last 

amended on June 27, 2019. 

California Standards and Test Procedures for New 2021 and Subsequent Model Heavy-Duty Zero-Emission Powertrains, as adopted June 27, 

2019. 

B. Are there other versions of these 

regulations in the SIP? 

All the rules that comprise the 

Advanced Clean Trucks Regulation and 

the Zero-Emission Airport Shuttle 

Regulation would be new to the 

California SIP. 

The Heavy-Duty Warranty 

Regulations and Maintenance 

Provisions amend 13 CCR 1956.8, 

specifically subsection (b), and certain 

test procedures, which the EPA last 

approved in 2018.5 The other sections of 

the CCR that comprise the Heavy-Duty 

Warranty Regulations and Maintenance 

Provisions would be new to the SIP. 

The Zero-Emission Powertrain 

Certification Regulation amends the 

subsections of 13 CCR 1956.8 that relate 

to emissions standards and definitions. 

The EPA most recently approved those 

subsections in 2016.6 The amendments 

to 17 CCR 95663 and the new or 

amended test procedures would be new 

to the SIP. 

C. What is the purpose of the submitted 

regulations? 

California has experienced some of 

the most severe and most persistent air 

pollution problems in the country. 

Under the CAA, based on ambient data 

collected at numerous sites throughout 

the State, the EPA has designated areas 

within California as nonattainment 

areas for the ozone NAAQS and the 

particulate matter (PM) NAAQS, which 

includes both coarse and fine 

particulate (i.e., PM10 and PM2.5). See, 

generally, 40 CFR 81.305. Several areas 

in California that had been designated 

as nonattainment areas for the carbon 

monoxide NAAQS have been 

redesignated by the EPA as attainment 

areas because California has attained the 

standard in those areas and is subject to 

an approved maintenance plan 

demonstrating how the State will 

maintain the carbon monoxide standard 

into the future. 

Mobile source emissions constitute a 

significant portion of overall emissions 

of carbon monoxide, ozone precursors 

including volatile organic compounds 

(VOC) and oxides of nitrogen (NOX), 

and direct PM and PM precursors 

including NOX and sulfur dioxide (SO2) 

in the various air quality planning areas 

within California.7 Thus, a main 

purpose of CARB’s mobile source 

regulations in general, and the mobile 

source regulations that are subject of 

this proposed action in particular, is to 

reduce these emissions and thereby 

reduce ambient concentrations of these 

pollutants to help California attain and 

maintain the NAAQS throughout the 

State.8 At elevated levels, ozone and PM 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Proposed Rules 103729 

(Heavy-Duty Warranty Regulations and 

Maintenance Provisions); and CARB Resolution 19– 

8, February 21, 2019, p. 7 (Zero-Emission Airport 

Shuttle Regulation). 

9The EPA approved the 2016 State SIP Strategy 

at 84 FR 3302 (February 12, 2019) (corrected at 84 

FR 19680, May 3, 2019), and at 84 FR 52005 

(October 1, 2019). The EPA approved the Valley 

State SIP Strategy at 85 FR 44192 (July 22, 2020). 

10CARB Executive Order S–23–011, dated July 

12, 2023, p. 2. 

11CARB Resolution 24–4, May 23, 2024, p. 2. 

12CARB, 2022 State SIP Strategy, adopted 

September 22, 2022. 

13The EPA approved EMFAC2021 at 87 FR 68483 

(November 15, 2022). 

14CAA section 193, which prohibits any pre-1990 

SIP control requirement relating to nonattainment 

pollutants in nonattainment areas from being 

modified unless the SIP is revised to insure 

equivalent or greater emission reductions of such 

air pollutants, does not apply to these regulations 

because they are new regulations or amended 

regulations previously approved in the California 

SIP in 2016 and 2018, and thus, do not constitute 

an amendment to a pre-1990 SIP control 

requirement. 

harm human health and the 

environment by contributing to 

premature mortality, aggravation of 

respiratory and cardiovascular disease, 

decreased lung function, visibility 

impairment, and damage to vegetation 

and ecosystems. 

CARB adopted the mobile source 

regulations that are the subject of this 

proposed action to address, in part, 

commitments made by CARB as part of 

the ‘‘Revised Proposed 2016 State 

Strategy for the State Implementation 

Plan’’ (March 7, 2017) (‘‘2016 State SIP 

Strategy’’) and the ‘‘San Joaquin Valley 

Supplement to the 2016 State Strategy 

for the State Implementation Plan’’ 

(October 25, 2018) (‘‘Valley State SIP 

Strategy’’).9 CARB adopted the 2016 

State SIP Strategy to provide, in 

combination with local measures, a plan 

for achieving emission reductions 

necessary to attain the ozone NAAQS 

across California. CARB adopted the 

supplemental Valley State SIP Strategy 

to provide a plan for achieving 

additional emission reductions 

necessary to attain the PM2.5 NAAQS in 

San Joaquin Valley. 

The 2016 State SIP Strategy and the 

Valley State SIP Strategy included 

commitments to develop and bring to 

the CARB Board for consideration the 

Last Mile Delivery and Zero-Emission 

Airport Shuttle Buses measures.10 The 

Last Mile Delivery measure became the 

Advanced Clean Trucks Regulation and 

the Zero-Emission Airport Shuttle Buses 

measure became the Zero-Emission 

Airport Shuttle Regulation. The Valley 

State SIP Strategy expanded the 2016 

State Strategy’s Lower In-Use 

Performance Level measure to include a 

commitment to develop and bring to the 

CARB Board for consideration the 

Amended Warranty Requirements for 

Heavy-Duty Vehicles measure, which 

became the Heavy-Duty Warranty 

Regulations and Maintenance 

Provisions. The Zero-Emission 

Powertrain Certification Regulation 

supports other CARB regulations, 

including the Advanced Clean Trucks 

Regulation.11

In addition, CARB’s ‘‘2022 State 

Strategy for the State Implementation 

Plan’’ (‘‘2022 State SIP Strategy’’) was 

adopted as part of the State’s plan to 

attain the 2015 ozone NAAQS, which 

relies upon emission reductions from 

the regulations evaluated herein.12

Lastly, we note that the Advanced Clean 

Truck Regulation is included 

specifically in the most recent EPAapproved version of CARB’s EMFAC onroad vehicle emissions factor model, 

EMFAC2021.13 The EPA approved 

EMFAC2021 for use in SIP development 

and transportation conformity in 

California. 

D. What requirements do the regulations 

establish? 

In the following paragraphs, we 

briefly summarize some of the key 

emission control requirements in the 

new or amended regulations addressed 

in this proposed action and listed in 

table 1 of this document. For further 

detail on each provision of the CCR that 

has been submitted for incorporation 

into the California SIP for these new or 

amended regulations, see the December 

2024 ‘‘EPA Technical Support 

Document on California Air Resources 

Board Mobile Source Regulation SIP 

Submissions.’’ 

The Advanced Clean Trucks 

Regulation requires that manufacturers 

produce and sell increasing percentages 

of medium- and heavy-duty zeroemission vehicles (ZEVs) and near zeroemission vehicles (NZEVs) in California 

in each model year. These quantities of 

vehicles are based on increasingly 

higher percentages of manufacturers’ 

annual sales of on-road medium- and 

heavy-duty vehicles, beginning in the 

2024 model year. 

The Heavy-Duty Warranty 

Regulations and Maintenance 

Provisions extend the emissions 

warranty periods for 2022 and 

subsequent model year on-road heavyduty diesel engines and for 2022 and 

subsequent model year diesel vehicles 

with a gross vehicle weight rating 

exceeding 14,000 pounds powered by 

such engines. 

The Zero-Emission Airport Shuttle 

Regulation establishes steadily 

increasing zero-emission airport shuttle 

fleet composition requirements for 

airport shuttle fleet owners who service 

the thirteen largest California airports. 

The Zero-Emission Powertrain 

Certification Regulation establishes 

certification requirements and optional 

emission standards for 2021 and 

subsequent model year medium- and 

heavy-duty ZEVs and the zero-emission 

powertrains installed in such vehicles. 

For more information on these four 

regulations, see 88 FR 20688 (April 6, 

2023). 

III. EPA’s Evaluation and Proposed 

Action 

A. How is the EPA evaluating the 

regulations? 

The EPA has evaluated the submitted 

regulations discussed in section II of 

this document against the applicable 

procedural and substantive 

requirements of the CAA for SIPs and 

SIP revisions and is proposing to 

conclude that they meet all the 

applicable requirements. Generally, SIPs 

must include enforceable emission 

limitations and other control measures, 

means, or techniques, including 

schedules and timetables for 

compliance, as may be necessary to 

meet the requirements of the Act (see 

CAA section 110(a)(2)(A)); must provide 

necessary assurances that the State will 

have adequate personnel, funding, and 

authority under State law to carry out 

such SIP (including that the State is not 

prohibited by any provision of Federal 

or State law from carrying out such SIP) 

(see CAA section 110(a)(2)(E)); must be 

adopted by a State after reasonable 

notice and public hearing (see CAA 

section 110(l)); and must not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress, or any other applicable 

requirement of the Act (see CAA section 

110(l)).14

B. Do the State’s regulations meet CAA 

SIP evaluation criteria? 

1. Did the State provide adequate public 

notification and comment periods? 

Under CAA sections 110(a)(2) and 

110(l), SIP revisions must be adopted by 

the State, and the State must provide for 

reasonable public notice and hearing 

prior to adoption. In 40 CFR 51.102(d), 

the EPA specifies that reasonable public 

notice in this context refers to at least 

30 days. 

All the submitted regulations have 

gone through extensive public comment 

processes including CARB’s workshop 

and hearing processes prior to CARB 

adoption of each regulation, and CARB 

has provided documentation of these 

processes as part of its SIP submissions. 


lotter on DSK11XQN23PROD with PROPOSALS1
103730 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Proposed Rules 

15The EPA’s actions issuing the relevant waivers 

are separate actions outside the scope of this 

rulemaking. Thus, we are not soliciting comments 

on the issuance of waivers as part of this action. 16We note that the EPA’s waiver published at 88 

FR 20688 for CARB’s Advanced Clean Trucks 

Regulation, Heavy-Duty Warranty Regulations and 

Maintenance Provisions, Zero-Emission Airport 

Shuttle Regulation, and Zero-Emission Powertrain 

Certification Regulation has been challenged in the 

U.S. Court of Appeals for the D.C. Circuit. The 

individual related challenges have been 

consolidated into Western States Trucking 

Association v. EPA, 23–1143. The Western States 

Trucking Association v. EPA case is currently in 

abeyance pending the Court’s resolution of Ohio v. 

EPA, No. 22–1081, and Texas v. EPA, No. 22–1031. 

If the EPA’s waiver decision is overturned by the 

Court before we take final action on the subject 

regulations as revisions to the California SIP, then 

we will reconsider this proposed approval in light 

of the decision. 

17We note that the petitioners in Western States 

Trucking Association have raised certain non-CAA 

claims as well. 

18These concepts are discussed in detail in an 

EPA memorandum from J. Craig Potter, EPA 

Assistant Administrator for Air and Radiation, et 

al., titled ‘‘Review of State Implementation Plans 

and Revisions for Enforceability and Legal 

Sufficiency,’’ September 23, 1987. 

Additionally, the EPA’s waiver process 

provided a separate opportunity for the 

public to submit written comment and 

to request public hearings to present 

information relevant to the separate 

action in which EPA evaluated CARB’s 

request for the relevant waivers and 

authorizations under section 209 of the 

CAA.15

In table 3, for each of the subject 

CARB regulations, we list the date that 

CARB published notice of public 

hearing, the date of the public hearing, 

the resolution through which CARB 

adopted the regulations, and the CARB 

resolution or Executive Order through 

which CARB adopted the regulation as 

part of the California SIP. 

TABLE 3—KEY DATES LEADING TO ADOPTION AND SUBMISSION OF CARB REGULATIONS ADDRESSED IN THIS PROPOSED

ACTION

CARB regulation Date of notice of 

public hearing 

Date of public 

hearing 

CARB Board resolution of 

adoption of regulation 

CARB Board resolution or 

Executive Order (E.O.) of 

adoption of 

regulation as revision to 

California SIP 

Advanced Clean Trucks Regulation.October 8, 2019 ... December 12, 

2019.

Resolution 20–19, June 25, 

2020.

Resolution 20–19 and E.O. S– 

23–011, July 12, 2023. 

Heavy-Duty Warranty Regulations and Maintenance Provisions.April 24, 2018 ....... June 28, 2018 ...... Resolution 18–24, June 28, 

2018.

Resolution 18–24 and E.O. S– 

23–011, July 12, 2023. 

Zero-Emission Airport Shuttle 

Regulation.

December 18, 

2018.

February 21, 2019 Resolution 19–16, June 27, 

2019.

E.O. S–23–011, July 12, 2023. 

Zero-Emission Powertrain Certification Regulation.December 18, 

2018.

February 21, 2019 Resolution 19–15, June 27, 

2019.

Resolution 24–4, May 23, 2024. 

Based on the public participation 

processes that CARB has undertaken 

and documented for the four regulations 

in the two relevant SIP submissions, 

CARB’s SIP submissions of the four 

regulations meet the applicable 

procedural requirements for SIP 

revisions under the CAA sections 

110(a)(2) and 110(l) and 40 CFR 51.102. 

2. Does the State have adequate legal 

authority to implement the regulations? 

CARB has been granted both general 

and specific authority under the 

California Health & Safety Code (H&SC) 

to adopt and implement these 

regulations. California H&SC sections 

39600 (‘‘Acts required’’) and 39601 

(‘‘Adoption of regulation; Conformance 

to Federal law’’) confer on CARB the 

general authority and obligation to 

adopt regulations and measures 

necessary to execute CARB’s powers 

and duties imposed by State law. 

California H&SC sections 43013(a) and 

43018 provide broad authority to 

achieve the maximum feasible and costeffective emission reductions from all 

mobile source categories. Regarding inuse motor vehicles, California H&SC 

sections 43600 and 43701(b), 

respectively, grant CARB authority to 

adopt emission standards and emission 

control equipment requirements. 

The mobile source regulations that are 

the subject of this proposed action were 

submitted by CARB under CAA section 

209 with a request for waiver and were 

granted such waiver by the EPA.16 Thus, 

the regulations we are proposing to 

approve in this document are not 

preempted under the CAA. For 

additional information regarding 

California’s motor vehicle emission 

standards, please see the EPA’s 

‘‘California Waivers and 

Authorizations’’ web page at URL 

address: https://www.epa.gov/state-andlocal-transportation/vehicle-emissionscalifornia-waivers-and-authorizations. 

This website also lists relevant Federal 

Register notices that have been issued 

by the EPA is response to California 

waiver and authorization requests. 

In addition, the EPA is unaware, at 

the present time, of any non-CAA legal 

obstacle to CARB’s enforcement of the 

regulations 17 and CARB has provided 

the necessary assurances that the State 

has adequate authority under State law 

to carry out the SIP revision (and is not 

prohibited by any provision of Federal 

or State law from carrying out such SIP) 

and thereby meets the requirements of 

CAA section 110(a)(2)(E) with respect to 

legal authority. 

3. Are the regulations enforceable as 

required under CAA section 110(a)(2)? 

We have evaluated the enforceability 

of the new or amended mobile source 

regulations with respect to applicability 

and exemptions; standard of conduct 

and compliance dates; sunset 

provisions; discretionary provisions; 

and test methods, recordkeeping, and 

reporting; 18 the amended regulations 

would be enforceable for the purposes 

of CAA section 110(a)(2) for the reasons 

presented in the following paragraphs. 

First, with respect to applicability, the 

new or amended regulations are 

sufficiently clear as to which persons 

and which vehicles or engines are 

affected by the regulations. See, e.g., 13 

CCR sections 1963(b) and (e) 

(applicability and exemption provisions 

for the Advanced Clean Trucks 

Regulation), and 17 CCR sections 

95690.3 and 95690.6 (applicability and 

exemption provisions for the ZeroEmission Airport Shuttle Regulation). 

Second, the new or amended 

regulations are sufficiently specific so 

that the persons affected by the 

regulations are on notice as to what the 

requirements and related compliance 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Proposed Rules 103731 

19The EPA stated in the Notice of Decision for 

the waivers of CAA preemption for the regulations 

proposed here that, ‘‘Although nothing in the 

statutory text limits California’s program or the 

associated waivers to a certain category of air 

pollution problems, the EPA notes that each of the 

regulations contained in the two waiver requests 

from CARB is clearly designed to address emissions 

of criteria pollutants and will have that effect, 

regardless of whether some also reduce greenhouse 

gases.’’ 88 FR 20688, 20702. 

20The emissions estimates are based on emissions 

data presented in the Initial Statement of Reasons 

(ISOR) published by CARB for each of the four 

individual regulatory actions considered herein, 

including appendix F of the ISOR documents for 

the Advanced Clean Trucks Regulation and the 

Heavy-Duty Warranty Regulations and Maintenance 

Provisions. We include the relevant ISORs in the 

docket for this rulemaking. See also, EPA Region IX, 

‘‘Summary of Statewide Emission Reduction 

Estimates by CARB for Each of Four On-Road 

Regulations,’’ December 2024. 

21CARB has requested an attainment date 

extension from December 31, 2025, to December 31, 

2030, under CAA section 188(e) for the Los 

Angeles-South Coast Air Basin and San Joaquin 

Valley Areas. See CARB Resolution 24–7, June 27, 

2024, p. 3 (Los Angeles-South Coast Air Basin) and 

CARB Resolution 24–10, July 25, 2024, p. 3 (San 

Joaquin Valley). 

22The Riverside County (Coachella Valley) 

nonattainment area is currently classified as Severe15 for the 2015 ozone NAAQS but CARB has 

requested reclassification from Severe-15 to 

Extreme for this area. 

23The Kern County (Eastern Kern) and 

Sacramento Metro nonattainment areas are 

currently classified as Serious for the 2015 ozone 

NAAQS but CARB has requested reclassification 

from Serious to Severe-15 for both areas. 

dates are. For example, see the modelyear-specific deficit and credit 

generation and compliance 

demonstration provisions set forth in 

the Advanced Clean Truck Regulation at 

13 CCR sections 1963.1, 1963.2, and 

1963.3; and the fleet requirements and 

compliance dates set forth in the ZeroEmission Airport Shuttle Regulation at 

17 CCR section 95690.5. 

Third, none of the new or amended 

regulations contain sunset provisions 

that automatically repeal the emissions 

limits by a given date or upon the 

occurrence of a particular event, such as 

the change in the designation of an area 

from nonattainment to attainment. 

Fourth, with the exception of certain 

provisions in the Zero-Emission Airport 

Shuttle Regulation, as described in the 

following paragraphs, the new or 

amended regulations do not contain 

provisions that allow for discretion on 

the part of CARB’s Executive Officer. As 

a general matter, such ‘‘director’s 

discretion’’ provisions can undermine 

enforceability of a SIP regulation, and 

thus prevent full approval by the EPA. 

Under 17 CCR section 95690.7(a), the 

Zero-Emission Airport Shuttle 

Regulation authorizes the CARB 

Executive Officer to grant a fleet owner 

an extension to the compliance deadline 

or purchase replacement requirement 

for a fleet that is domiciled in a facility 

with site limitations that either prevent 

adequate zero-emission charging 

infrastructure from being installed, or if 

installed, would not allow for safe 

ingress and egress at the facility. 

However, under the Regulation, the 

CARB Executive Officer may grant only 

one ‘‘infrastructure facility extension’’ 

to a given fleet owner, and the extension 

can be granted for not more than two 

years. Under 17 CCR section 95690.7(b), 

the CARB Executive Officer may grant a 

fleet owner an extension to the 

compliance deadline or purchase 

replacement requirement due to 

unforeseen, temporary, or extenuating 

circumstances outside of the fleet 

owner’s control. The extension provided 

for in 17 CCR section 95690.7(b) is not 

limited to a single instance for a given 

fleet owner or limited in duration. With 

respect to either type of extension, we 

note that 17 CCR section 95960.7(c) 

specifies an application process, 

provides for a 30-day public comment 

period on any such application, requires 

CARB consider and address comments 

received during the public comment 

period, and to make the notification to 

the applicant (if the application is 

denied) or approved plan (if the 

application is approved) available to the 

public on the CARB Zero-Emission 

Airport Shuttle website. 

As noted, director’s discretion 

provisions can undermine enforceability 

of a SIP regulation, and while the 

provisions requiring public review and 

comment on extension applications 

provide beneficial public participation 

opportunities and transparency, they do 

not fully mitigate the identified 

deficiencies. However, due to the time 

constraints built into the ‘‘infrastructure 

facility extension’’ under 17 CCR 

section 95960.7(a) and the limited 

circumstances under which the CARB 

Executive Officer may grant extensions 

under 17 CCR section 95690.7(b), we 

propose to find that the deficiencies 

with respect to enforceability would not 

significantly undermine enforcement of 

the Regulation by citizens or the EPA 

and thus do not prevent the EPA from 

proposing approval of the ZeroEmission Airport Shuttle Regulation as 

a SIP-strengthening measure. 

Lastly, the new or amended 

regulations identify appropriate test 

methods and include adequate 

recordkeeping and reporting 

requirements sufficient to ensure 

compliance with the applicable 

requirements. See, e.g., the reporting 

and recordkeeping requirements set 

forth in the Advanced Clean Trucks 

Regulation at 13 CCR section 1963.4 and 

in the Zero-Emission Airport Shuttle 

Regulation at 17 CCR section 95690.4. 

4. Do the regulations interfere with 

reasonable further progress and 

attainment or any other applicable 

requirement of the Act? 

All the State’s reasonable further 

progress (RFP), attainment, and 

maintenance plans rely to some extent 

on the emission reductions from CARB’s 

mobile source program, including the 

emissions standards and other 

requirements for which the EPA has 

issued waivers or authorizations. 

CARB’s mobile source program is 

accounted for in the emissions estimates 

for mobile sources that are included in 

the emissions inventories that form the 

quantitative basis for the RFP, 

attainment, and maintenance 

demonstrations. The new and amended 

regulations evaluated herein would 

reduce criteria pollutant emissions.19

Based on CARB estimates, these four 

new and amended regulations, 

considered together, would reduce 

statewide direct PM2.5 emissions by 

approximately 0.11 tons per day (tpd) in 

2030 and statewide NOX emissions by 

approximately 5 tpd in 2031 and 12 tpd 

in 2037.20 In doing so, these control 

measures support California’s plans to 

attain the 2012 annual PM2.5 NAAQS by 

2030 (for the Serious areas of LosAngeles-South Coast Air Basin and San 

Joaquin Valley),21 the 2008 ozone 

NAAQS by 2031 (for the Extreme areas 

of Los Angeles-South Coast Air Basin, 

San Joaquin Valley, and Riverside 

County (Coachella Valley)), and the 

2015 ozone NAAQS by 2037 (for the 

Extreme areas of Los Angeles-South 

Coast Air Basin, San Joaquin Valley, and 

Riverside County (Coachella Valley)).22

They also support California’s plans to 

attain the 2015 ozone NAAQS by 2032 

for three Severe-15 areas in California 

(i.e., Los Angeles-San Bernardino 

Counties (West Mojave Desert), Kern 

County (Eastern Kern), and Sacramento 

Metro).23

Moreover, as discussed in more detail 

in Section II.C of this document, the 

new or amended regulations that are 

evaluated herein were adopted to fulfill 

certain commitments made by CARB in 

the 2016 State SIP Strategy and Valley 

State SIP Strategy and are relied upon 

in the 2022 State SIP Strategy. As such, 

the new and amended regulations 

would support the various RFP, 

attainment, and maintenance plans, and 

would not interfere with such 

requirements for the purposes of CAA 

section 110(l). 


lotter on DSK11XQN23PROD with PROPOSALS1
103732 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Proposed Rules 

24Letter dated August 14, 2015, from Richard W. 

Corey, Executive Officer, CARB, to Jared 

Blumenfeld, Regional Administrator, EPA Region 

IX, p. 2 (for a prior set of mobile source regulations). 

25Letter dated October 1, 2018, from Richard W. 

Corey, Executive Officer, CARB, to Michael Stoker, 

Regional Administrator, EPA Region IX, and CARB, 

‘‘California Infrastructure SIP, Revision for the 

0.070 Parts per Million 8-Hour Ozone Standard,’’ 

report release date August 24, 2018, pp. 15–16. 

26 Id. 

27California Department of Finance, 2024–25 

State Budget, Department Report, 3900 State Air 

Resources Board, enacted June 26, 2024. 

28CARB, 2022 State Strategy for the State 

Implementation Plan (September 22, 2022), figure 5 

on page 7 (illustrating a 73% reduction in mobile 

source NOX emissions in California from 2000– 

2020, excluding primarily federally-regulated 

mobile sources—interstate trucks, planes, trains, 

and ships). 

29EPA Office of General Counsel, ‘‘EPA Legal 

Tools to Advance Environmental Justice,’’ May 

2022. See, for example, ‘‘Chapter One: Clean Air 

Act Programs.’’ 

30See, for example, CARB, ‘‘Advanced Clean 

Trucks Regulation, Final Statement of Reasons,’’ 

March 2021, e.g., pp. 94–99 (regarding inclusion of 

pickups earlier and/or increase sales percentage 

requirements). 

31CARB, ‘‘Public Hearing to Consider the 

Proposed Advanced Clean Trucks Regulation, Staff 

Report: Initial Statement of Reasons,’’ release date 

October 22, 2019, section VIII. Environmental 

Justice. 

32CARB, ‘‘Public Hearing to Consider Proposed 

Amendments to California Emission Control System 

Warranty Regulations and Maintenance Provisions 

for 2022 and Subsequent Model Year On-Road 

Heavy-Duty Diesel Vehicles and Heavy-Duty 

Engines with Gross Vehicle Weight Ratings Greater 

than 14,000 Pounds and Heavy-Duty Diesel Engines 

in Such Vehicles, Staff Report: Initial Statement of 

Reasons,’’ release date May 8, 2018, section VIII. 

Environmental Justice. 

5. Will the State have adequate 

personnel and funding for the 

regulations? 

In previous SIP submissions dated 

August 14, 2015, and October 1, 2018, 

CARB refers to the annual approval by 

the California Legislature of funding and 

staff resources for carrying out CAArelated responsibilities and notes that a 

large portion of CARB’s budget has gone 

toward meeting CAA mandates.24 25

CARB indicates that a majority of 

CARB’s funding comes from dedicated 

fees collected from regulated emission 

sources and other sources such as 

vehicle registration fees and vehicles 

license plate fees and that these funds 

can only be used for air pollution 

control activities.26 For the 2024–2025 

budget cycle, CARB has over 1,100 

positions and almost $560 million 

dedicated to developing and enforcing 

the mobile source program 

regulations.27 Given the longstanding 

nature of CARB’s mobile source 

program, its adequate personnel and 

funding dedicated to developing and 

enforcing the mobile source program 

regulations, and its history of effective 

implementation of similar regulations as 

illustrated by the documented mobile 

source emissions reductions achieved,28

CARB has provided necessary 

assurances that the State has adequate 

personnel and funding to carry out the 

mobile source regulations and 

amendments submitted for approval on 

August 8, 2023, and June 25, 2024. 

6. EPA’s Proposed Conclusion 

Based on the preceding discussion, 

we propose to find that these 

regulations are consistent with the 

relevant CAA requirements and with 

relevant EPA policies and guidance 

with the exception noted previously in 

connection with director’s discretion 

provisions in the Zero-Emission Airport 

Shuttle Regulation. We also propose to 

find that the director’s discretion 

provisions in the Zero-Emission Airport 

Shuttle Regulation would not 

significantly undermine enforcement of 

the Regulation by citizens or the EPA 

and thus do not prevent the EPA from 

proposing approval of the ZeroEmission Airport Shuttle Regulation as 

a SIP-strengthening measure. 

C. Proposed Action and Public 

Comment 

As authorized in section 110(k)(3) of 

the Act, the EPA proposes to approve all 

or portions of two SIP submissions 

submitted by CARB on August 8, 2023, 

and June 25, 2024, that include certain 

sections of titles 13 and 17 of the 

California Code of Regulations and 

establish standards and other 

requirements relating to the control of 

emissions from certain new on-road 

vehicles and engines. We are proposing 

to approve these regulations as part of 

the California SIP based on our 

proposed determination that they fulfill 

all relevant CAA requirements. We will 

accept comments from the public on 

this proposal until January 21, 2025. If 

we take final action to approve the 

submitted regulations, our final action 

will incorporate these regulations into 

the Federally enforceable SIP for the 

State of California. 

IV. Environmental Justice 

Considerations 

As explained in the EJ Legal Tools to 

Advance Environmental Justice 2022 

document, the CAA provides States 

with the discretion to consider 

environmental justice in developing 

rules and measures related to 

nonattainment area control measures 

analyses.29 In this instance, CARB 

exercised this discretion, and we 

summarize the State’s discussion of EJ 

in the following paragraphs. In 

reviewing CARB’s analysis, the EPA 

defers to CARB’s reasonable exercise of 

its discretion in considering EJ in this 

way. 

CARB discusses environmental justice 

in its ‘‘Initial Statement of Reasons’’ 

(ISOR) staff report for each of the 

measures addressed in this proposed 

action and released such reports in 

advance of the respective public 

hearings where the measures would be 

considered for adoption. Where CARB 

received comments relating to 

environmental justice, it provided 

responses in its ‘‘Final Statement of 

Reasons’’ (FSOR).30 In addition, in 

board resolutions adopting each 

measure, CARB affirms that the 

regulations are consistent with the 

Board’s environmental justice policies 

and do not disproportionately impact 

people of any race, culture, or income. 

The ISOR, FSOR, and board 

resolution(s) for each measure are 

included in the SIP submission for each 

measure. 

For the Advanced Clean Trucks 

Regulation, CARB states that one key 

strategy to meeting the State’s ‘‘air 

quality, public health, and climate 

goals, along with ensuring economic 

prosperity, social equity, and energy 

security’’ is transitioning to zeroemission technologies and that the 

Advanced Clean Trucks Regulation is 

essential to that strategy.31 CARB notes 

that medium- and heavy-duty trucks are 

the primary means of distributing goods 

and services and are prevalent at 

distribution centers, ports, warehouses, 

and major roadways, which are common 

to densely populated urban areas that 

include disadvantaged communities. 

CARB states that deploying heavy-duty 

ZEVs, as the Advanced Clean Trucks 

Regulation requires, would eliminate 

tailpipe emissions and reduce brake 

wear PM emissions (due to regenerative 

braking) from such vehicles in such 

disadvantaged communities. 

For the Heavy-Duty Warranty 

Regulations and Maintenance 

Provisions, CARB states that the 

regulation would promote timelier 

repair of malfunctioning vehicle 

emission components, support 

improved overall maintenance and less 

engine tampering, and reduce emissions 

of NOX and diesel PM.32 CARB 

anticipates that emission reductions 

will be greatest near major trucking and 

freight corridors, ports, and railyards, 

where the majority of trucks operate, 

thereby benefiting environmental justice 

communities found along such goods 

movement facilities. 

For the Zero-Emission Airport Shuttle 

Regulation, CARB states that the 

measure would improve air quality at 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Proposed Rules 103733 

33CARB, ‘‘Public Hearing to Consider the 

Proposed Zero-Emission Airport Shuttle Regulation, 

Staff Report: Initial Statement of Reasons,’’ release 

date December 31, 2018, section VI. Environmental 

Justice. 

34CARB, ‘‘Staff Report: Initial Statement of 

Reasons, Proposed Alternative Certification 

Requirements and Test Procedures for Heavy-Duty 

Electric and Fuel-Cell Vehicles and Proposed 

Standards and Test Procedures for Zero-Emission 

Powertrains (Zero-Emission Powertrain 

Certification Regulation),’’ release date December 

31, 2018, section VIII. Environmental Justice. 

airports (i.e., reduce emissions relative 

to existing airport shuttles), including 

airports in the South Coast Air Basin 

(e.g., LAX, BUR, and ONT) and the San 

Francisco Bay Area (e.g., OAK), which 

are in disadvantaged communities.33

For the Zero-Emission Powertrain 

Certification Regulation, CARB states 

that, while the emission reductions from 

the measure are not directly quantifiable 

(because it does not mandate 

deployment of heavy-duty electric or 

fuel-cell vehicles), it expects the 

measure the to help ensure the success 

of CARB’s other zero-emission efforts, 

which will benefit disadvantage 

communities that are disproportionately 

impacted by heavy-duty truck traffic 

and off-road equipment usage.34

The EPA is taking proposed action to 

approve the SIP revision because it 

meets minimum requirements pursuant 

to the CAA and relevant implementing 

regulations. The EPA also finds that 

CARB’s consideration of EJ analyses in 

this context is reasonable. The EPA 

encourages air agencies generally to 

evaluate environmental justice 

considerations of their actions and 

carefully consider impacts to 

communities. The EJ analyses submitted 

by the air agency were considered but 

were not the basis for EPA’s decision 

making and the SIP met the minimum 

applicable requirements, as explained in 

this document. 

V. Incorporation by Reference 

In this action, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

certain sections of titles 13 and 17 of the 

California Code of Regulations that 

establish standards and other 

requirements relating to the control of 

emissions from certain new on-road 

vehicles and engines, as described in 

section II of this preamble. The EPA has 

made, and will continue to make, these 

materials available through https://

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve State choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it proposes to approve a State 

program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. Executive Order 

14096 (Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All, 88 FR 25251, April 26, 2023) 

builds on and supplements Executive 

Order 12898 and defines EJ as, among 

other things, ‘‘the just treatment and 

meaningful involvement of all people, 

regardless of income, race, color, 

national origin, or Tribal affiliation, or 

disability in agency decision-making 

and other Federal activities that affect 

human health and the environment.’’ 

CARB evaluated EJ considerations as 

part of its SIP submittals even though 

the CAA and applicable implementing 

regulations neither prohibit nor require 

an evaluation. The EPA’s evaluation of 

the air agency’s EJ considerations is 

described in this document in the 

section titled, ‘‘Environmental Justice 

Considerations.’’ The analysis was done 

for the purpose of providing additional 

context and information about this 

rulemaking to the public, not as a basis 

of the action. The EPA is taking action 

under the CAA on bases independent of 

the air agency’s evaluation of EJ. Due to 

the nature of the action being taken 

here, this action is expected to have a 

neutral to positive impact on the air 

quality of the affected area. In addition, 

there is no information in the record 

upon which this decision is based that 

is inconsistent with the stated goal of 

Executive Orders 12898 and 14096 of 

achieving EJ for communities with EJ 

concerns. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon oxides, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

oxides, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: December 13, 2024. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2024–30246 Filed 12–18–24; 8:45 am] 

BILLING CODE 6560–50–P 


lotter on DSK11XQN23PROD with PROPOSALS1